April 23, 2020

Commissioner Koenig

Assessor Parcel Number Board of County Commissioners Capital Improvement Plan Conditional Use Permit General Commercial Manufactured Home Nye County Code Nevada Revised Statues Public Works Right-of-Way Regional Planning Commission Single-Family Residential Zone Change Pledge of Allegiance/Call to Order Meeting called to order at 6:01 pm.

Commissioner Duryea

is absent from the meeting.

Commissioner Lee

stated she will open that item for public comment shortly.

Commissioner Lee

moved on to item 6. For possible action - Approval of / Modifications to the Agenda: Approval of the Agenda after Considering Requests to Rearrange, Hold or Remove Items. None. Correspondence and Announcements None. Commission/Committee/Director Reports: a. BOCC Liaison Report - BOCC Liaison — John Koenig None. b. Director’s Report Brett Waggoner stated Planning applications for March were 129 total applications received a decrease of 39 from February, total processed applications for the month was 110 a decrease of 52. Building Permits there was 28 SFR, 3 less than previous month, zero multifamily and 19 Manufactured homes which was 26 less. They had 197 total permits issued and a drop 24 and total inspections was 422 which was a decrease of 21 over the last month. Code Compliance had 19 new cases which was a drop of 35 from the previous month, they closed 10 which was 24 less than the previous month. Previous items heard by the board, ZC-2019-000042 was recommended for approval to the BOCC. ZC-2019-000044 recommended by the RPC for approval, these items were heard at the 2/12 agenda and was approved by the BOCC on 4/21. ZC-2019-000045 was also recommended for approval on 3/11 and will be heard on the 4/28 BOCC agenda.

Commissioner Lee

stated even though we are down on applications, inspections and permitting there are still good which is great.

Commissioner Lee

stated that she was going to re-open public comment on item #2. Ex Parte Communications and Conflict of Interest Disclosure Statements

Commissioner Turner

stated that on CU-2020-000092 and CU-2020-000109 stated that his brokerage was part of the selling of the property over five years ago.

Commissioner DeAnda

stated that her and her family have done business with Ink Freaks Tattoo but there is no conflict of interest. Page 2 of 11 a. For Possible Action — CU-2020-000092: Public Hearing, discussion and deliberation on an application for a Conditional Use Permit to allow a Recreational Vehicle Park in a Neighborhood Commercial (NC) zoning district, on 0.83 acres (36,000 square feet) located at 1060 E. Second Street. Assessor Parcel Number 035-308-02. Property Owner/Applicant — Constance Allison. b. For Possible Action — WV-2020-000109: Public Hearing, discussion and deliberation on an application for a Waiver from Nye County Code Title 17, Comprehensive Land Use Planning and Zoning, NCC 17.07.780 Recreational Vehicle Parks, to waive the site development standards, parking, landscaping, internal street paving, minimum RV Park site area of ten (10) acres, accessory building and RV setback requirements, and required distance between RVs, on 0.83 acres (36,000 square feet) located at 1060 E. Second Street. Assessor Parcel Number 035- 308-02. Property Owner/Applicant — Constance Allison. (These items are Final Action by the Pahrump Regional Planning Commission unless appealed to the Board of County Commissioners, or as otherwise announced.) (SO) Steve Osborne reviewed his staff report stating there is history relating to this item and is listed in the back up. This is an illegal RV park. This application is not a new application for a new RV park. The applicant is asking to allow an illegally constructed RV park to continue and to allow it to continue even though it does not comply with numerous development standards. The waiver request is to waive requirements of parcel size, setbacks, separation between the RVs,and not having a paved interior roadway. Staff is recommending denial of the applications.

Mr. Waggoner

stated that this has been an outstanding code compliance case and we have been working with the applicant and that is where this application came from.

Commissioner Lee

asked if there was a history with code compliance cases with this address and if while staff was working with the applicant on the code compliance cases was there any discussion of grandfathering the property or has the applicant been able to provide any documentation to do that?

Mr. Waggoner

stated that they have discussed the grandfathering and the only thing that would be grandfathered would be her home. It is a manufactured home and there is a domestic well and a domestic septic tank we cannot find anything in our records of any prior approvals for any kind of an RV park. Even before zoning existed it all occurred after the adoption of code in 2004 and 2006. As near as we can tell when the property owner purchased the property, in 2015, there has been more added to the property since that point and that is as far back as our code compliance cases date. The previous director was trying to address this as well. There were more buildings placed between 2015 and 2016.

Commissioner DeAnda

asked how many RVs were on the lot.

Mr. Osborne

stated that there were 7 RVs on the property that does not included the manufactured home where the applicant lives in addition to 7 additional RV spaces.

Mr. Waggoner

stated that as well as other buildings that have been converted. There are 9 RVs, there is a laundry room, a public bathroom, as well as, the manufactured home the owner lives in, in addition to 2 or 3 other buildings people are living in. There are around 16 buildings on the property

Commissioner Blackstock

stated that it is less than an acre and it has a well and septic system.

Mr. Waggoner

stated that there is a 10-acre minimum for an RV park.

Commissioner Blackstock

questioned why there was a well and a septic? Page 3 of 11

Mr. Waggoner

stated that the property is .93 acres.

Commissioner Blackstock

stated that it is .83 on the paperwork.

Mr. Waggoner

stated that the well has been there for many years and is dated back to the 1970’s; however, for an RV park a domestic well and septic are not meant for commercial.

Commissioner Blackstock

stated that the well could be a grandfathered but the septic system there with all the new sewage going through it.

Mr. Waggoner

stated that the well is grandfathered in for a domestic use it is not a commercial well and there were no other water rights to the well.

Commissioner Curtis

asked how the property was marketed in 2015, was it marketed as a residence or as an RV park? And are there any existing water and sewage lines on the street?

Mr. Waggoner

stated that he has no knowledge of how the property was marketed and as far as the water and sewer, we would need to speak to the utility company. However, from his experience he believes that there are water and sewer that run through that area due to the Ishani Ridge subdivision to the west, as well as, other developments in the area.

Commissioner Koenig

stated that the last time he drove by it the electricity was everywhere and there were wires running all over the road. There were Tuff Sheds with meters on them and Tuff Sheds are not made to live in they are made to store things in. The whole place is out of code.

Commissioner Lee

opened public comment to the applicant. Constance Allison did not respond while on the phone.

Commissioner Lee

moved on to public comment.

Mr. Brownstein

stated that wanting to waive all the requirements for an RV home and it is very unsafe. He stated that it sounds like the commissioners were going to deny it. Not having the proper distance between RVs can be dangerous and a fire hazard. People are living in sheds and they aren’t habitable. He does not think that the Commissioners should approve this. Sean Barton stated that he has been a residence in the RV park for two years. He lives there because it is an affordable housing option when the housing prices are going crazy. He lives paycheck to paycheck, so the RV park is place that he needs. He stated that he works from home and he needs a stable home with internet to do his work. He stated that he rents a small travel trailer there and without it he will lose his job, his income, and his belongings but also his home. Ms. Allision provides a much- needed resource in the community and mainly an affordable living. The income she generates from the RV park generates money that helps Pahrump and stays within Pahrump and benefits the community at large. He doesn’t know about his neighbors, but he does not want to lose everything that he has worked for. He stated that he has no extra income for a storage unit, no vehicle to move his belongings, and no resources to utilize. He hopes the commissioners take all this into consideration and grant Ms. Allison her permits so she can rent to the population that requires affordable living He stated that for those who have driven by and have seen the sheds that aren’t suitable for housing. He stated that there are tiny homes on the property that are made out of sheds, but he has been in them and they are habitable. There are sheds on the property that are also used for storage so anyone driving by might not have been the ones used for housing.

Commissioner Lee

stated her justification letter it alludes to you being given the opportunity to have a grandfathered status and asked who told her that.

Ms. Allison

stated that she was told by Darrell Lacy that if she could get in compliance with the health department, building another bathroom. She would have done it but didn’t have the money together to complete the project.

Commissioner Lee

stated she has been told she has been speaking with Brett Waggoner the Director of Planning and she has been told what it would take to obtain grandfathering and asked if she fully understands what grandfathering and legal nonconforming is? Constance Allison stated that she did.

Commissioner Lee

confirmed the definition of grandfathering and stated that grandfathering is actually legal nonconforming status and it means that you have a legally operating use that began legally operating prior to the adoption of the zoning code and if you did have that then you should be able to provide the paperwork that shows that or the prior owner should be able to. So unfortunately, because that hasn’t happened the only documentation that has been able to be found is that there was a manufactured home, a domestic well and a domestic septic that were legally used on that property. If you can’t provide the documentation showing it was legal prior to code, then it needs to be brought up to current code.

Ms. Allison

stated that the property was built up so many years ago prior to any documentation of the county or the state. She has talked to the state several times about finding the documentation they should have and departments in the county nobody can provide any history besides the small history she has. She purchased an RV park in 2015 and all she has done is cleaned it up. She stated that she understands the grandfathering; however, she would never be able to meet any of the criteria after the fact that the county required. She had redone the whole electrical system after the county started speaking to her about this. She said that she is not overcrowded and there are no other units going on the property.

Commissioner Tyler

stated that based on the drawing the applicant provided showing the distance between the trailers and buildings she is concerned they are too close and a fire hazard to the entire property. Celeste Sandoval stated for the record Commissioner Duryea is in attendance.

Commissioner Duryea

stated that he agrees with Commissioner Tyler with the fire hazard.

Commissioner Curtis

asked how many units she brought onto the property after it was purchased?

Ms. Allison

stated that the electrical outlets and sewage outlets were in place when she purchased the property and stated all 7 RVs on the property she brought there. Nothing was added that she didn’t have the capacity to handle. The electrical pillars and sewage outlets were already in place.

Commissioner Lee

stated that the board must maintain compliance and adopted codes for the health, safety and well-being of the community, and if they could prove this was a legal non-conforming use prior this would be a different conversation. They do not have the ability to waive the building or Page 5 of 11 electrical codes. The property has only a domestic well and a domestic septic and if Ms. Allison wanted to continue, she would need to bring that into compliance. It is a matter of upholding the code.

Commissioner Duryea

motioned to deny CU-2020-000092 and WV-2020-00109. Seconded by

Commissioner Lee

informed Ms. Allison she does have the ability to appeal the decision to the BOCC and staff can provide you with requirements and time frames to submit that appeal. For Possible Action — CU-2020-000093: Public Hearing, discussion and deliberation on an application for renewal of a Conditional Use Permit to allow the keeping of Special Conditions Animals (Tigers) located at 6061 N. Woodchips Road, on 18.28 acres, in the Rural Homestead (RH- 4.5) Zoning District. Assessor Parcel Number 027-241-26. Raymond Mielzynski — Property Owner. Karl Mitchell — Applicant. (This item is Final Action by the Pahrump Regional Planning Commission unless appealed to the Board of County Commissioners, or as otherwise announced.) (SO)

Mr. Osborne

reviewed his staff report and stated staff recommends approval of the application. This application is a renewal of a CUP that the BOCC approved with a 2-year expiration date all the previous special conditions of approval have been included.

Commissioner Lee

asked if the applicant been compliant with the original CUP conditions when it was issued in 2018?

Mr. Osborne

stated that there was a concern about a documentary that occurred at the property however, there was no official violations.

Mr. Waggoner

stated that there were rumors, but they have not received any official violations from animal control or the sheriff’s office.

Commissioner Duryea

stated that he was at the BOCC when the CUP was approved and the special conditions that were placed have been followed to his knowledge.

Commissioner Curtis

asked if this applies to just tigers or if there were other animals?

Mr. Osborne

stated that there were only tigers on the property. Arlette Newvine on behalf of Karl Mitchell stated that there has been work behind the property and there are big horn sheep in the area. The use on the property and surrounding properties are harmonious to the area. Staff recommendations look accurate, but had a question on #4, staff stated there are no other structures or significant improvements proposed to be constructed with the CUP. Ms. Newvine asked the staff if Mr. Mitchell was to change his cages would he need to go through Planning or something more severe. She stated since the special conditions placed in 2018 there has been no cases or charges brought towards the applicant and he has been compliant. She stated they would like to do away with condition #16 of the staff report. The conditions states that the tigers are not allowed out of their cages for the safety of others on the property. She stated the applicant is the only permit holder in the county that has this condition.

Ms. Newvine

addressed the filming on the property and stated that there was no money exchanged. She stated that condition #16 is unnecessary and is basically USDA guidelines. She stated that they will take the permit with the condition if need be. Page 6 of 11

Mr. Waggoner

stated that he recommends that the condition does stay there due to the contentious history with the applicant that was why the condition was added due to the concern for the guests. He stated that there have not been any official charges or violations; however, there was a documentary with the local TV station that brought that #16 into question. This permit allows for only 10 special conditions animals on the property, any expansions beyond that would require a new application and a new CUP for that.

Commissioner Curtis

asked for clarification that the maximum amount of animals allowed is 10, correct? Lt. Harry Means stated that they have complied with the 10 animals on the property.

Ms. Newvine

stated that her question was whether there could be an expansion of the enclosures to the existing animals. She stated the applicant will comply with the number of animals.

Mr. Waggoner

stated that there is nothing in the CUP preventing the enclosures to be expanded a zoning review application would just need to be applied for.

Ms. Newvine

stated that regarding Mr. Waggoner’s comment of the applicants “contentious history” and the answer to the question is that the applicant has complied. She stated that she urges the board not to prosecute someone without legal documentation and the tigers and the applicant are all happy and healthly.

Mr. Waggoner

stated that his answer that was given was regarding condition 16 not the applicant.

Ms. Newvine

stated that she understands; however, it is adding an additional restriction that no other permit holder the county is restricted to. If this is a condition that they want to place, then they will just deal with the consequences there.

Mr. Waggoner

stated that the condition was carried over from the original CUP that he is asking to renew.

Ms. Newvine

stated she will leave it up to the board to decide.

Commissioner Turner

asked if without condition #16 would we have to have the USDA take action?

Commissioner Lee

stated that it was a condition of approval originally on the BOCC approval.

Commissioner Turner

asked if he was the only exotic animal permit holder in the Nye County?

Mr. Waggoner

stated that Mr. Mitchell is not the only one in the county with a special conditions animal permit in Nye County.

Ms. Newvine

addressed Commissioner Turners question and stated that it was not a USDA regulation that it was a condition that was placed at the BOCC meeting in 2018. She stated for clarification that there are several special animal permit holders and several tiger/lion permit holders, and the applicant is the only one with condition #16. Lt. Williams stated that there are three cases generated against Karl Mitchell and all three have currently been to the DA’s office. The first case was generated in November 2019 with Deanna O’Donnell incident which clearly the Commissioners stated he wasn’t allowed to take the tigers out of the cages and that is why the report was generated. The second was December 11, 2019 there were photographs taken with Karl Mitchell taking his tigers up to the mountains and a case was started to document that. The third incident January 28", 2020 where he presented his tiger in Las Vegas at a meeting where he was presented money to present his tiger, that was documented, and Las Vegas will Page 7 of 11 be filing charges against him. USDA pulled their license from Karl Mitchell in 2000 due to him being non-compliant with USDA officials and threating them when they would try to get on to the property and that is why condition is there because he continues to take his tigers since 2000. Lt. Williams stated that all other permit holders are USDA licensed and it gives them the authority to exhibit and they are able to take their tigers out of county per USDA regulations.

Ms. Newvine

stated that the Las Vegas incident was the very crux of the BOCC meeting in 2018. There was not sufficient evidence of exhibiting at that time and if there was, they would have filed charges. At that meeting the BOCC overturned the denial. Michelle Nelson, District Attorney’s Office stated the applicant is going off topic and we need to stay on topic.

Ms. Newvine

stated that the applicant has not been in violation.

Commissioner Tyler

motioned to approve CU-2020-00093 with previously approved conditions of approval. Seconded by Commissioner Turner.

Mr. Osborne

stated that this is a request for a body art facility. The property is zone GC which allows for that type of establishment with a CUP. Staff feels that the uses would be harmonious with the other uses in the area. Staff recommends approval. Justinian Zoeller, applicant stated he sees that they have 30 days to get the business license and they should be able to do that, but he has had trouble getting ahold of the health inspector.

Commissioner Lee

asked if the applicant has read, understood and agrees with the conditions of approval.

Mr. Zoeller

stated that he did. Public comment opened and closed at 7:26 with no comment.

Commissioner Tyler

motioned to approve CU-2020-000094 with conditions as stated. Seconded by

Mr. Osborne

reviewed his staff report and stated it is similar to the previous item for a body art facility and staff is recommending approval of the application. Jennifer Kleinert, applicant stated that she had a CUP on the property, but she had to shut the business down it is more of a renewal.

Commissioner Tyler

motioned to approve CU-2020-000095 with conditions as stated. Seconded by

Commissioner Turner

motioned to approve CU-2020-000096 subject to the conditions. Seconded by

Ms. Beeman

reviewed her staff report stating this is over by the Big Horn Condominiums. This project fits within the neighborhood and the community, it will have to go through a site development review process. Staff is recommending approval of the application

Commissioner Lee

asked if the CUP was needed because multi-family was applied to the property since the construction of the project started and then stopped.

Ms. Beeman

stated that in order to have an apartment complex more than 4 units a CUP must be applied for.

Commissioner Curtis

asked if the property will be used for apartments.

Commissioner Lee

referred to the applicant. Hung Lee, representing the applicant stated it will be used for rental purposes.

Commissioner Curtis

asked if there are specific parking requirements when there are rental units?

Mr. Lee

stated he does have parking requirements and it will be taken care of in site plan review. Public comment opened and closed at 7:48 with no comments.

Commissioner Turner

motioned to approve CU-2020-000097. Seconded by Commissioner Tyler. Vote: Motion carried by unanimous roll call vote (Summary: Yes = 7). Yes: Carol Curtis, Elizabeth Lee, Leah-Ann DeAnda, Pamela Tyler, Robert Blackstock, Tom Duryea, Walt Turner. For Possible Action - CU-2020-000098: Public hearing, discussion, deliberation and possible action on a Conditional Use Permit application to allow for the expansion of the grandfathered use of property and allow up to 100% increase in the gross floor areas of the existing structure for the development of a second water tank on the property located at NWC of S. Eberhard Road and the Jeane Avenue alignment, east of Hwy 160. On property zoned Light Industrial (LI); APN: 047-021-

Ms. Beeman

stated that this is for the second tank for William Lyon Homes and will go through Great Basin. Staff is recommending approval of the application.

Commissioner Curtis

asked why this is continuing to be grandfathered, why are they not rezoning.

Commissioner Koenig

stated they aren’t changing the use.

Mr. Waggoner

stated the tank has been there since the early 2000’s this has always been in the plans to add a second tank that is why it is considered a grandfathered use. They are doing the CUP because it is required because of the expansion of the property.

Commissioner Blackstock

asked if this has been looked at expense wise to be built underground?

Commissioner Lee

stated that would be a better question for the applicant. Scott Swapp, the applicant, stated that the underground tank does not work for the utility company based on their criteria. Page 10 of 11 14.

Commissioner Blackstock

asked about it mainly just being for cost?

Mr. Swapp

stated that was correct, as well as, maintenance.

Commissioner Curtis

asked for clarification the description states to allow up to 100% increase of the gross floor area of the existing structure. The plan shows the current tank is 92 and this new one is 102. That is more than 100% increase.

Ms. Beeman

stated when we look at the radius of the two, we did not reach that 100% based on the tank footprint.

Commissioner Tyler

motioned to approve CU-2020-000098. Seconded by Commissioner Blackstock Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Carol Curtis, Elizabeth Lee, Leah-Ann DeAnda, Pamela Tyler, Robert Blackstock, Tom Duryea, Walt Turner. Future Meetings/Workshops: Discussion and Direction Concerning Items for Future Meetings/Workshops; Set Date, Location and Time. Next meeting will be May 13" at 6 pm. Master Plan meeting is postponed until further notice.

Commissioner Koenig

thanked the board for keeping condition 16 the condition was put in for a reason.